XX007 - UE Diary - Tomorrow never dies

[XX007]

Hi Diane they have had the debts for a couple of years and they are accepting a small payment on three separate credit cards which are donkeys years old and probably cant be enforced anyhow. I've been making a payment due to the job/profession I am in (the wisdom of doing that has been debated previously and may be reviewed again in the future) . I would say for the last year PRA have been wanting me to contact them but I have ignored the messages as I didn't want to rock the boat but one of my kids asked about the messages the other day so it's starting to grind on me a bit.

[Joanna Connolly Solicitors]

they have had the debts for a couple of years and they are accepting a small payment on three separate credit cards which are donkeys years old and probably cant be enforced anyhow.

Have you sent s. 77-79 CCA Requests for those three credit card debts or what other reason makes you think they're probably unenforceable?

When did PRA last write to you about these three debts? They must be ringing you for a reason so let's figure out the reason.

Di

[XX007]

Hi Di I do have answers to the CCA requests from Barclaycard that I sent in April 2015 from what they sent me they look unenforceable from the research I have done but of course I am an amateur when it come to this.

PRA last wrote in September 2016 - 3 letters giving an annual statement on each of the cards.

Prior to that they wrote in September/October 2015 when they took the debt on asking me to change the standing orders to pay them direct.

I have never changed the standing orders or been in any contact with them and have had calls ever since.

[Joanna Connolly Solicitors]

Prior to that they wrote in September/October 2015 when they took the debt on asking me to change the standing orders to pay them direct.

I have never changed the standing orders or been in any contact with them and have had calls ever since.

So who have you been paying since 2015 if the debt has been owned by PRA since then (they don't outsource their collections to any DCA)?

Maybe that's why they're calling you

Di

[XX007]

I've continued to pay Barclaycard and the balance keeps reducing.

[Joanna Connolly Solicitors]

I've continued to pay Barclaycard and the balance keeps reducing.

But you say Barclaycard no longer own the account because it was assigned to PRA in September/October 2015.

If that were true then Barclaycard's balance would show as "0" so where are you seeing the balance reducing?

Unless Barclaycard forward your payment to PRA every month?

Di

[XX007]

The credit report says PRA group and shows my card details with a reducing balance. I suppose Barclaycard must be sending over the money.

[Joanna Connolly Solicitors]

The credit report says PRA group and shows my card details with a reducing balance. I suppose Barclaycard must be sending over the money.

That may be why PRA are ringing you?

They could say that contacting you about your agreed/volunteered repayments going into the wrong bank account is not harassment (it's admin) so I'd think twice before sending them a confrontational letter accusing them of that (harassment).

You want to avoid them retaliating by 'unagreeing' your arrangement and turning up the heat.

Hopefully the calls will die down and they'll write to you when they realise that they're getting nowhere.

Alternatively they may have decided that the amount you're paying isn't enough and they want you to increase it. In which case they can write to you since you say they have your address.

Was there a reason why you decided not to change your standing order from Barclaycard to PRA?

Di

[XX007]

I just though F*** them

[XX007]

Diane they did write in the end asking for me to change the Direct Debit Mandate to pay them directly.

I suspect the 3 cards are unenforceable (but job circumstances currently dictate I make repayments) I have never sent any correspondence to PRA group and never answered any of their calls or paid them anything directly.

If I do change the standing orders and pay them directly does that reduce my case at all if this ever goes to court for any reason or am I just making a daft stand that holds no benefit for me.

[nightwatch]

bit of both, if you need to make the payments then change the SO, you have been paying Barclays so it will make little difference if it was to go to court, unless they have no paperwork

[Joanna Connolly Solicitors]

I suspect the 3 cards are unenforceable (but job circumstances currently dictate I make repayments) I have never sent any correspondence to PRA group and never answered any of their calls or paid them anything directly.

If I do change the standing orders and pay them directly does that reduce my case at all if this ever goes to court for any reason or am I just making a daft stand that holds no benefit for me.

I'm not sure I've understood your question.

You have three debts which have been assigned to PRA (is that correct?).

You've been paying Barclaycard for one even though they no longer own the debt.

Who was the original creditor of the other two debts and what is the status of each of those?

The best thing to do is make a separate post on this thread for each of the three debts (or re-quote them with updates if they're amongst these 177 posts) then you can get bespoke advice because the fact they're all owned by PRA may make no difference as to how they're treated.

If you've previously sent a s 77-79 CCA Request to any of them then mention that in your post(s) so it's clear what, if any, response you've got. Then advice can be given as to whether you should send another one to PRA or not.

I look forward to helping you when things become clearer

Di

[XX007]

Hi there everyone. everything has been going OK (debt wise) for a while.

I've recently received a letter from PRA that says my account has been transferred to their investigations and litigation department which is a letter before claim.

I have three ex barclaycard credit cards being dealt with by PRA this one was an ex egg card. They have sent me a credit agreement previously which we agreed was probably unenforceable.

I stopped paying them at the start of the year.

They say i need to respond to them by 13/12/2009

[nightwatch]

is this letter a Pre legal assesment, ie it has a page where you tick box A,B,C,D. also an I&E they want you to fill in, and gives 30 days to reply?

They say i need to respond to them by 13/12/2009
I am assuming the date should be 2019 .

we need more information on this as Di asked for in 2017, that way we can see how to take it forward.

[XX007]

Yes it is. I know its tight now.

here is the history of this debt

Type of account credit card Barclaycard 2 (formally egg card I think)
Date commenced February 2005
Approx balance £6,792
Date last paid - approx 12 months ago
Are you on arrangement or not paying – not paying
Status letter before claim
Account owner PRA


July 2014 accepted my payment of £7 per month for the time being
September 2014 default notice issued
march 2015 formal demand issued
march 2015 sent off for info under section 78 of the CCA
April 2015 acknowledgement of my letter
April 2015 sent a reconstituted copy of the credit agreement
July 2015 letter from barclaycard saying the account was going to PRA group
September 2015 letter from barclaycard saying they were closing my account and the official date of transfer was 17/08/2015 enclosing a letter saying i needed to pay them rather than barclaycard (i didn't change the standing order, I just left it)
- I have then received lots of letters from PRA over the coming years asking me to change my standing order and calls every day to my home phone and mobile asking to talk to me
november 2017 letter from barclaycard giving me an interest refund
May 2019 offer to settle for £5,434.17 sent by PRA
November 2019 - letter before action received including a reply form giving me until december 13th